Article 2 of the Indian Constitution
Article 2 of the Indian Constitution empowers the Parliament to admit new States into the Union of India or to establish new States. This provision serves as a fundamental legal mechanism for the expansion and adaptation of the Indian Union, ensuring that the federal structure can evolve in response to political, cultural, and strategic considerations.
Scope and Provisions
Under Article 2, the admission or establishment of new States lies entirely within the discretion of Parliament. The Constitution does not outline specific criteria or restrictions, thereby providing lawmakers with broad authority to determine the terms and conditions of such changes. This flexibility enables the Union to accommodate diverse circumstances, from geopolitical agreements to regional demands for statehood.
Connection with Other Constitutional Articles
Article 2 is closely linked with Article 3, which addresses the formation of new States and alterations to the boundaries, areas, or names of existing States. While Article 2 deals with the entry of entirely new territories, Article 3 governs internal reorganisations within the existing Union. Together, they form the constitutional basis for territorial adjustments.
Amendments and Historical Developments
A notable amendment associated with Article 2 was the insertion of Article 2A for the admission of Sikkim as an associate State in 1974. This provision was later omitted by the 36th Constitutional Amendment Act, 1975, which granted Sikkim full statehood. This transition marked one of the most significant applications of Article 2 in India’s constitutional history.
Impact on Constitutional Schedules
Legislation enacted under Articles 2 and 3 can modify the First Schedule, which enumerates India’s States and Union Territories, and the Fourth Schedule, which allocates seats in the Rajya Sabha. Such changes directly influence the federal balance by altering representation at the national level.
Judicial Interpretation and Case Law
The Supreme Court of India has upheld Parliament’s wide-ranging powers under Article 2. In State of Sikkim v. Union of India (1975), the Court addressed issues arising from Sikkim’s integration, affirming the constitutional validity of the process. The landmark Keshavananda Bharati v. State of Kerala (1973) case, though not directly about Article 2, established the Basic Structure doctrine, indirectly influencing how Parliament’s powers are perceived in relation to state formation. Judicial review of decisions under Articles 2 and 3 remains largely limited to procedural compliance rather than substantive evaluation.
Practical Applications
Article 2 has been invoked in admitting new States such as Goa, Mizoram, and Jharkhand into the Union. Its provisions have been instrumental in addressing regional aspirations for statehood, enabling the peaceful and legal integration of diverse territories into India’s federal framework.
Political and Legislative Implications
The process of admitting or establishing new States requires the enactment of legislation by Parliament. While consultation with affected regions may occur, the Constitution does not mandate it. Politically, such admissions influence representation in Parliament and State Assemblies, reshaping electoral dynamics and the distribution of resources. The provision reflects the delicate balance between accommodating regional identities and maintaining national unity.